In the Matter of the Application of The City of New York Relative to Acquiring Title, etc., for the Purpose of Opening and Extending Neptune Avenue, from East 12th Street to Shore Boulevard, etc., in the Borough of Brooklyn, City of New York; In the Matter of the Application of The City of New York, Acting by and through the Commissioner of Docks, Relative to Acquiring Right and Title to and Possession of Certain Real Property, etc., Necessary to Be Taken and Acquired for the Improvement of the Waterfront and Harbor of The City of New York, between Sheepshead Bay Road and East 27th Street, Sheepshead Bay, in the County of Kings, Borough of Brooklyn, City of New York, etc. Mott Operating Corporation and Frederick W. I. Lundy, Appellants; The City of New York, Respondent

In the Matter of the Application of The City of New York Relative to Acquiring Title, etc., for the Purpose of Opening and Extending Neptune Avenue, from East 12th Street to Shore Boulevard, etc., in the Borough of Brooklyn, City of New York. In the Matter of the Application of The City of New York, Acting by and through the Commissioner of Docks, Relative to Acquiring Right and Title to and Possession of Certain Real Property, etc., Necessary to Be Taken and Acquired for the Improvement of the Waterfront and Harbor of The City of New York, between Sheepshead Bay Road and East 27th Street, Sheepshead Bay, in the County of Kings, Borough of Brooklyn, City of New York, etc. Mott Operating Corporation and Frederick W. I. Lundy, Appellants; The City of New York, Respondent. [MAJORITY] Motion for reargument denied, with ten dollars costs. Motion for leave to appeal to the Court of Appeals denied. Present — Lazansky, P. J., Davis, Johnston, Adel and Close, JJ.